answered on Feb 10, 2015
Don't think so. It is consider practice of law. If you are not a licensed attorney, you will have committed unlicensed practice of law by probating a will as muniment of title. You will need to hire an attorney to represent you.
Husband dies, cars in wifes name only. Do the cars have to be listed on I & A?
answered on Feb 10, 2015
That depends on whether it is community property or wife's separate property. If community property then husband owns half so yes list it. If not then no need to list
My grandmother passed away in 1998 and left 7 children, with no will. My aunt lead others to believe their rights were relinquished of the home and it is now her home. I found an affidavit of heirship she filled 8yrs after my grandmothers death and she falsely notarized, or so she says, some... View More 
answered on Jan 23, 2015
Possibly. But until an attorney reviews your case, it can not be determined with certainty. You should consult with a probate attorney to go through your options.
answered on Jan 23, 2015
You can only inherit his interests if either he left the assets to you in his will, or that you were his spouse. If you were not legally married, you can see if you can prove that you were his common law spouse. Without a will and not being a spouse, you have no right to any of his assets. Consult... View More
answered on Jan 22, 2015
Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the... View More
birth. He was the only father I knew my whole life. Am I entitled to any of his estate? If so, what information do I need to prove this? His Estate is in Tennessee.
What or who does she need to see to fix this issue.
answered on Jan 15, 2015
I supposed when you said "Fix the issue" you mean to have the house passed down to your mother. You should contact a probate attorney to discuss how to settle his estate. There are different ways of handling it depending on the situation. Obviously internet is not the forum to discuss... View More
answered on Jan 13, 2015
She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and... View More
In our Divorce degree I was left the house & land after he no longer needed or wanted it. My ex husbands children from previous relationships are fighting this. I have an attorney here in Dallas & was wondering if he could represent me & my interests if Probate is in AR. I don't... View More
answered on Jan 13, 2015
Unless your Texas attorney is also licensed in AR, he may not represent you in the probate proceeding in AR. You can ask him for recommendation for an AR probate attorney.
She gave him POA several years ago, but I am designated Guardian in Advance of Need. She has advanced dementia and he is writing himself checks from her account.
answered on Jan 12, 2015
You said you are "designated guardian in advance of need". You did not say that you have been appointed by the court as her guardian. There is a big difference. A designation of guardian is just something to indicate whom your mother's preference wants to be her guardian should the... View More
Would my spouse be able to take the house away after 10 yrs of marriage if i bought prior to our marriage and its still in my old name?
answered on Jan 11, 2015
The house is your personal property. Your spouse will not have any ownership in it regardless of how long you have been married. However, if you use any of the community fund to pay for, e.g. mortgage, taxes or repairs etc, your spouse may have a claim for her share of the community fund that was... View More
There is a house with land. Once in a blue moon someone goes out there, but it isn't being cared for (electrical problems, plumbing doesn't work, bugs, etc...). There was apparently a will, but it was never probated, even though they knew that they were supposed to do it. I love this... View More
answered on Jan 11, 2015
If there is a will, then the will should be probated so title can pass to the beneficiary according to the will. You can't just say you want it and then it becomes yours. You need to contact a probate attorney (not real estate attorney) to start the process. The longer you wait, the bigger a... View More
answered on Jan 9, 2015
Both will be involved. The attorney will counsel the administrator/executor on how to prepare them. But the information will have to be provided by the administrator/executor.
My dad and his siblings own 31+ acres of land and a home in East Austin. A developer wants to purchase the home for 400k, but my dad doesn't want to sell. How can he keep the house. And if he buys the house, what would he have to pay?
answered on Jan 7, 2015
He can offer to buy out the other 3 siblings shares. Otherwise the siblings can go to court and ask for a force sale. As for what price to pay, that will be something that he should negotiate with the sellers. It is not something set by the laws.
He sold it through a notarized bill of sale. Now this person has died. Who owns this house 1) the buyers estate or 2) my husband? Also I have not signed any of the documents does this make a difference?
answered on Jan 7, 2015
I can't say for sure who the true owner of the property is without looking at all the documents. You should contact an attorney to discuss the case. As for whether your signature is needed to sell the property, a short answer is no because inherited assets are personal properties (instead of... View More
answered on Jan 5, 2015
It depends on whether the deceased was married, has children, if parents still alive, and whether the assets are separate property or community property. If you describe the family situation better I can provide more information.
answered on Jan 4, 2015
Not sure if I understand your question. If she has no assets, then what are you trying to do?
answered on Jan 4, 2015
I would suggest you to discuss your case with a probate attorney. There are different ways to handle it depending the solvency of the estate, the nature of the property, how the will was written etc.
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